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About Morning Oregonian. (Portland, Or.) 1861-1937 | View Entire Issue (Sept. 12, 1902)
THE MOBNINg OBEGQyiAy, PEEDAlY, SEPTEMBER L2, 1902. BELDING IS GUILTY Verdict of Jury Convicts Him in First Degree. MURDERER IS UNCONCERNED Attorney for Defense ArsrceB . That Killing: of Mrs.. Dehoron McCros key Was Xot Proven Insanity Theory Hns Xo Force. A -verdict of guilty of murder In the first degree -was returned by the Jury in the; case of A. L Beldlng. at 6 o'clock last evening. The Jury retired for delib erations at 4:45 o'clock, after listening to an Impartial and comprehensive charge by Judged George. Beldlng received the announcement 01 the verdict in the same diffident manner that he- .assumed since the beginning of the' triaT. His attorneys, Dan R. Murphy end John F. "Watts, were granted Ave (days' time, to move for a new trial. Early- in the afternoon session Mr. Mur phy of counsel for the defense, created a leurprise by informing the court that no testimony had been submitted on which to convict3Belding. The Information charges ' Beldlng only with the murder of Deborah McCroek'ey, his mother-in-law. The attor ney asserted there was evidence show ling that Beldlng killed Frank Woodward and aiaoifle Beldlng. his wife, also that he shotold man McCroskey. but that there was'no evidence whatever establishing the kllHng,ofDcborah McCroskey. Judge GeorgecTuled to the contrary, but also permitted, the jury to pass upon the Question, "br. instructing tho Jury that 1116 defendant Trias charged with having mur dered Deborah .McCroskey, and for a ver dict of guilty to be found In the case the jury must determine that he killed Mrs. McCroskey, and-he fact that it had been proved that he' killed others would not cut any flgure'in 'the case, The'feature " of the trial yesterday was the testimony ' of little 7-year-old Eddie Beldlng, the eon of the defendant, who witnessed the triple murders. The boy was brought into the courtroom by Officer Hawley.tof the Boys' and Girls' Aid Soci ety. As Ihe. entered the room his father took himkby the hand and kissed him. District ".Attorney Chamberlain objected to the boy being allowed to testify, but Judge George,- after asking the child sev eral questions, decided that be fras com petent.' "Turn to thedury, Eddie," sold Mr. Mur phy, "and tell them all you know about the shooting." T was in bed,"' said the child, "and mamma told me papa wanted to see me. I went .outside on the porch, and he talked to me- and kissed me, and said I had bet ter go In tho house. Then he shot the man on the porch, and went inside and shot soma more. I saw Jilm shoot mamma and heard grandma say OhI Then he wrestled with grandpa and shot at me." The child further stated that "Gyp" "Woodward had been at the house all af ternoon. C. C. Rhodes, a groceryman. testified ihnt he had ft silent acaualntance with Beldlng, and in one conversation Beldlng J Hinted, mat he woma kiu jiimseu. ine witness said he thought Beldlng was un balanced. E. Johnson testified that he knew Beld lng for about four years, and observed that he acted peculiarly recently. About July 1 Beldlng told him McCroskey had cheated him out of a lot of money, and said he would blow his wife's head off. The witness said Beldlng talked at ran dom, and the boys around the saloon con sidered him unbalanced, but thought him harmless. Beldlng told them his wife was living with another man, and that the old folks were the cause of it. J. Cuff gave somewhat similar testimony. He said Beldlng Jumped from one subject to another, and once exhibited a gun, saying at the time. "I will fetch them all with that." Cuff stated that he told No rene, Beldlng'e brother-in-law, that Beld ing was surely crazy. Tom Coleman, B. "Van Cleve and others cave like testimony. The prosecution called Ed Norene, I. McCroskey, George McCroskey. D. Dunn and Dr. Harry Lane in rebuttal. District Attorney Chamberlain and his assistant; Arthur C. Spencer, argued the case to the jury for the prosecution, and Attorney Dan R. Murphy, for the defense. GEORGE TYIiBR PROVES AUDI. He Is Therefore Acquitted on Charge of Abetting: a. Robbery. George TyIer, a negro, jointly indicted with Estelle Williams, colored, was tried ibefore JudgeFtaeer yesterday on a charge of robbery and was acquitted. C. Atterbury, a deckhand, employed by fthe O. R. & N. Co., testified that on the 'evening of June 11 he was walking along (Salmon street, between -Fifth and Sixth, at 10 o'clock. He was accosted by the "Williams Tvoman, and stopped to see what tone wanted, and after talking with her a stew minutes, discovered, that she had ftaken $62 out of his pocket Atterbury eaid he was; about to pursue the woman, vhen Tyler seized him by the coat collar (end, drawing a knife and holding it close fto hiasieck threatened to cut his throat if he moved. -About this time Louis Foeller came along, and Atterbury stated that he Ithen broke -away from Tyler and tried to tflnd the woman, but without success. At terbury positively identified Tyler. Joseph. Day, police detective, told of the arrest of Tyler and Estelle Williams at 11 io'clock the came night in resorts at the fNorth End. The officer aaid he had 'seen .the pair at Sixth and Yamhill streets 'earlier in the evening, walking toward fine ptace wnere tne robbery was corn knitted. Tyler, as a defense, proved an alibi. Ho called witnesses who testified that he was rworking in Clark Bros.' saloon that en Jtire evening. Louis Foeller was called by ' ithe defense. He refused to identify Tyler i&s Atterbury'e assailant, and said it was mo dark that, he couldn't tell if it was a aaegro or a white man. Estelle Williams, eoon after her arrest, ,was released from custody on a bond for tlOOO. signed by A. B. Burger and David O. Thornton as sureties. She ran away, oing to Butte, and the bond was declared sforfelted. The District Attorney will take aneans to collect the bond. SUES FOR 925,000 DA3IAGES. Max Rclter Seeks to Recover for In ' juries Received. A suit of somewhat an unusual charac ter was filed In the United States Circuit Court yesterday by Max Relter.'a subject of the Emperor of Germany, against John Stewart and H. I, Powers, engaged in logging at Marshland, Columbia Coun ts'. Belter asks for $25,000 damages for injuries said to have been received while climbing a skidway o get a glass of water. A defective guy-rope threw him to the ground below and disabled him for life. According to the complaint the plaintiff was in the employ of the company on September 14, 1&00, and was employed on the skidway In removing debris. He was working within the log Jcable, and as he was not supplied with drinking water at the -time, he became thirsty and started to walk along the road to the engine to get a drink of water. Employes and pe destrians had been accustomed to walk over Ihe road, with the knowledge and consent of the defendants. While the 4 plaintiff was going to the engine, the 'de fendants carelessly started the cable drag ging a log, and the cable vibrated and swung Its entire length some distance in the air and laterally -over the skid road, and struck the plaintiff and threw him to the ground. His left arm was torn off completely near the shoulder, his right arm was biz ken In different places, bis nervous system was shocked, two ribs were broken, the sight of his left eye was lost, and he was permanently crippled lor life. He Is 41 years old, and previous to his Injuries he was strong and vigorous and had received good wages. He asks damages in the sum of $23,000. INJUNCTION SUIT ARGUED. Judge Sears Hears Attorneys on Question of Paying Architect Fee. There was an argument before Judge Sears yesterday in the suit of members of the Taxpayers' League against Multno mah County, to enjoin the payment of a claim of E. M. Lazarus for services per formed as an architect in preparing plans for a new addition to the Courthouse. The addition was not built, and W. H. Pope, as County Auditor, rejected the claim of Lazarus. The point at issue in the suit la whether the County Board can order a warrant drawn in payment of a claim which the Auditor has declined to approve. Charles H. Cary appeared as attorney for Dazarus and Thomas G. Greene argued the other side of the case. Articles of Incorporation. Incorporation articles of the Day & Fecbheimer Company were filed in the County Clerk's office yesteiday by I. N. Day, W. B. Fechhelmer and W. L. Boise. TWO MEN BADLY BURNED ACCIDENT IN CITY JDYEING WORKS CAUSES AWKWARD BLAZE. Fireman. BraeT Scared. AboHt Legi and Theodore FIscli About Hands Property Loss, f 1200. A fiery 6park in gasoline used to clean a silk dress caused a $1200 blaze yesterday afternoon at 2 o'clock at the City Steam Dyeing & Cleaning Works, 65 Sixth street. Herman Enke, proprietor. The insurance amounts to $500. Fireman Andrew Bra zen, of hose company No. 1, was badly burned about the legs, and Theodore Flsch, 14S East Twentieth street, one of the employes of the dye works, was pain fully burned about the hands by flaming gasoline. Brazen was wrapped In blan kets and taken to the fire station of hose company No. 1, Second street, near .Oak, his Injuries being attended to bj- a near by physician. Flsch was taken to his home. The series of small buildings forming the dye works are frame structures, and the rear portion Is owned by the City Steam Dyeing & Cleaning Works, the por tion fronting on Sixth streetbelng Tent ed. No Insurance is carried on this prop erty, only $500 being secured on goods Brawn from life by Harry Murphy. A. I. BELDING, CONVICTED OF MURDER IN THE FIRST DEGREE. The capital stock is $50,000. The objects are to manufacture and deal in lumber, lath, sash, doors, windows, etc, in Ore gon, Washington and other states. Incorporation articles have also been filed by the same parties for the Day Lumber Company, capital stock $25,000. This company Is to operate mills and deal In lumber and building materials. Decisions In. United States Court. Decisions will be announced by United States District Judge Bellinger today in the following cases: , United States vs. B. J. French; motion for a new trial. United States vs. Robert Mcintosh et al.; action on contract. Horsford & Gerspach vs. Robert Wake field. Edward McCann vs. Edgar Wallace. In "re Frank Miner, petition for a rehearing. Decisions Today. Judge Sears will announce decisions this morning in the following cases: The Larch Mountain Investment Com pany vs. T. A. Garbade et al.; motion to recall and quash writ of execution. Louisa Schwartz et al. vs. Martin Geb hardt et al.; motion to make answer more certain. Petition in Bankruptcy. A petition in bankruptcy was filed in the United States Court yesterday by J. D. Kirk, of Rltter, Grant County. The liabilities of the' debtor, who had been engaged in -the merchandise business, amount to $5493 87, and his assets to $550, of which $325 is exempt by the state law. , Taxes Soon Delinquent. The time for making the second half payment of taxes for tho year 1901 expires on Monday,-October-7. There -are not many who have not liquidated, and these will probably not let their taxes become delinquent. Court Notes. The Victor Land Company has sued Samuel T. ' Lovett to quiet title to lots 9 and id, -block 16, L-lncoln Park. The First National Bank of Roseburg has sued Margaret Stark Heiple and Owen B. Heiple to recover $500 on a note. The Oregon Water Power & Railway Company has filed two right-of-way suits in the State Circuit Court, to condemn land for the Gresham line. One case in volves 2.97 acres and the other Lll acres. The County Commissioners spent consid erable time yesterday discussing the right-of-way privileges wanted by the Oregon Water Power & Railway Company for Its Gresham-Lents line. The Commissioners concluded that the new line will be a public improvement, and that all matters between the county and the company can be amicably adjusted, and grades where the line will cross county roads satisfac torily arranged. The County Commission ers will probably grant such right-of-way franchises as are required by the com pany, if the terms are agreed to. WRAPPER SALE. Fall styles, light and dark colors, val ues $1 50 to $2 50. Tour choice for 75c and 95c. McAUen & McDonnell, corner Third and Morrison. THROUGH THE COLUMBIA GORGE. delightful trip of a few hours RIVER win take you through the famous 'Columbtn River Gorge." the greatest combination of river and mountain scenery on earth. O R. & N. train leaves Portland dally at 9 'A. M. Return can be made by steamer from Cascade Locks. Special low rates for tills trip. Get particulars at O. R. & n ticket office. Third and Washington. BUSINESS ITEMS. If Bahy Is Cutting Teeth, Be sure &nd use that old and -well-tried remedy, Mrs. "VVlnolow's Soothing Syrup, tor children teething. It soothes th child, totens the gum, allays all pain, cures wind colic and diarrhoea. Every woman should know that Carter's Little Liver Pills are a specific for sick headache. Only one pill a dose. A woman can't Bland everything. sent by customers every day, the values changing according to the volume of busi ness done. Yesterday afternoon, about 2 o'clock, Theodore Flsch, employed in the cleaning department, was busy renovating a woman's dress, and he was rubbing at a grease spot which had previously been treated with a mixture of gasoline, when suddenly the friction produced an electric spark, and the next moment the gasoline caught fire. Flsch endeavored to quench the flame, and It was then that his hands suffered. He ran from the place, and the blazing gasoline began to creep danger ously near the tanks where gasoline was stored. Fortunately, the women employes were in the front part of the store at the time, else their Summer dresses would have suffered. Somo time was lost in turning in an alarm of Are, -as In the excitement the men did not remember where the nearest fire box is located. Mrs. St Clair, 73 Sixth street, telephoned to fire headquarters, and the firemen arrived on the run, send ing in an alarm from box No. 135, at Sixth and Washington streets. A line from a chemical engine was taken through the front part of the" building to the rear, where the Are was blazing. An other line, of hose was carried along the south wall of the building, but by this time the blaze was such a hot one that the -firemen found it very difficult to con tinue at work. Fearful that the gasoline tanks would explode, several fire-fighters from hose company No. 1, among them being Firemen Brazen and Austin, ran into the building where the fire and smoke were thickest, and succeeded In carrying out several of the smaller tanks. Unluckily for Brazen, one of the tanks he carried exploded with the Intense heat, and the blazing gasoline ran over his trousers. He was at once picked up and cared for. He is burned severely on his right leg, from the knee to the ankle, and his left leg is slightly burned. The fire was a difficult one to subdue, as the flaming oil floated above the water sent In streams from the firemen's hose and defied all efforts to drown It. Ulti mately, Adtlng Chief Laudenklos ordered streams played over and around the fire, and by this method, after an hour's fight, the fire burned itself out. Good work was done by the firemen in keeping the fire to the frame building where it originally started. It looked at one time as Jf tho flames would sweep southward and ulti mately sweep up the Carnival buildings, which are just over the fence from the burned dye works. The rooms over ."tho dye works are occupied by Frank Mark. una ms iurniture is damaged by smoked. turn water. MAY IMPOSE PENALTY. Port of Portland Commission Dis cusses Delay on Dredge Contract. At yesterday's meeting of the Port of Portland Commission most of the time was spent in discussing the contract of the Willamette Iron & Steel Works for the new dredge engine. The commission has been withholding a considerable sum that would otherwise be due, as penalty for delay In completing the contract. This penalty now reaches about $5700, ac cording to the figures of the commission, and a sum appreciably less according to the company's figures. But the question Involved is whether the Iron works ught to stand any penalty. Everybody admits that the work was not done on time. The Iron works puts forth the claim that the penalty clause of the' contract was vitiated "by the condition that If the work necessarily to be supplied from the East should be delayed, the Iron works should have a corresponding extension of time to complete Its work. There was delay In getting the shafts from Pittsburg. This, the company alleges, should ab solve it from liability for penalty. The commission, however, is Inclined to take the grounds that the company did not use due diligence In getting the shafts, there by contributing to the delay in the East which it is now seeking to take advan tage of. The fact that the shafts were lying in the railroad yards in Portland 19 days before the company discovered them, Is one of the things, cited to Bhow that the company was more-than will ing that there should be delay. Tho Willamette Iron & Steel Works now Jewish New Year Cards in splendid variety at the book department. Exhibit and sale of handsome Oil Paintings ali sizes Prices about 1-4 value Second Floor. Meier & Frank Company "Wilful mpfp" Fifth-Street window display will tt iLidriivCtv probably interest you sufflciantly -t0 come to the second floorand Mirfi in examine them carefully A $50.00 ma xTxciiiiiica chine) fully guaranteed for 10 years, ball-bearing; and only $,25.00. Particular attention is called to the "Penin sular" Steel Ranges (Basement.) Air Tight Stove3 in all sizes and styles. Hosiery Sale 100 dozen pairs ladies' black lisle Hose, colored silk embroid ered ankles, all sizes the regular 50c grade, while they last 1 3.3c pair 70 dozen ladies' plain black cotton Hose, fast color, all sizes the regular 25c quality, while they last at I8c pair Friday Surprise Sale Today, the 681st Friday Surprise Sale An. offering extraordinary of 500 pairs of ladies' Fall and Winter Storm Shoes at prices less than the cost of manufacturing. There's enamel, box clfand vici kid, styles in 8 or 10 ihch tops, double sole and best style toe, just the kind of shoes you will have most use for during the next six months all sizes and widths, today only at See Fifth-Street Window Display. $ 1.95 pr 40c Ribbons 23c y "T'l trill Another one of our great Ribbon Sales for today and tomorrow. You certainly can't complain because we haven't given you Ribbon val ues of late The mrfre wo have the batter they grow, both in size and quality. 2500 yards of Satin Taffeta, best quality in all the leading shades; cream, white, pink, maize, nile, light blue, cardinal, 4-in. wide, regular 40c grade for 23c 0 Carpet Sale An unusual Carpet sale starts to day in the third-floor carpet store A seasonable offering of desirable Carpets that must appeal to every economical housekeeper. 100 rolls of Tapestry Brussels Carpets in splendid patterns and colorings, the most ser vies able Carpet made, all the regular 85c and 90c grade, sewed, laid and lined for, yard 74c Boardinghouse keepers should take advantage. Special valuei in Boys' Clothing, Handkerchiefs, Ureat Halr Hibbons, Boys' Shoes, Hosiery, Underwaists, - Ties, Shirts, Dresses, and twenty-five bargain? t- 1 1 in Scno1 supplies. The boys and oCilOOl 3ale girls can ba outfitted best at little cost here. . f -. New styles N8W ideas being opened iVi 1 J J inery UP fresh every day In face of Summer weather we are enjoying an unprece dented trade in both lines Speaks well for Cloaks our styles and prices Have you looked here? Second Floor. Children's Dresses .A clean-up of Children's Wash Dresses Styles and ma terials -the best Very desira ble for school wear Note the extremely low; prices. Children's Sailor Suits and Faney Dresses in percales, ginghams, ducks, crashes assorted eolors sizes 2 to 14 years values up to $3.00 for 69c each Children's Sailor Suits and Fancy Dresses In galateas, ginghams and percales, assort ed colors, best makes, ages 4 to 14 years, values up to $5.00 for . ' $1.89 each Shirtwaists Given Away By actual count we've 422 Cotton Shirtwaists remaining from the Summer stock, regular pricas ranging from 75c to $5.00 They are taking up valuable space We don't want to pack them away We're going to clean them out, every one of them, and to do this quickly we're making prices that will astonish sven those who know the store best If thare isn't a flurry in the waist sec tion before 10 this morning it won't bo our fault Styles, materials and patterns are all this season's There's all sizes and many .splendid -waists for Fall and Winter wear Ginghams, madras, piques, fancy tissues, etc. All 50c to $1.00 Waists 29c All $1.25 to $2.25 Waists 59c All $2.50 to $4.00 Waists 89c Story of the early bird catches the worm fits this ease well. IN Men's Clothing AU'the new Fall styles now being shown The story of the clothing is the story of the store helpful gather ing. The materials, the cut, the trimmings and the make strictly up-to-date in every particular Thet most prominent makers in the land are represented ' with their newest and best styles to please every taste This Fall and Winter stock has never been equaled in Port land With every garment goes our guarantee for satis factory wear, and last but not least, remember our cloth ing prices are fully 20 per cent lower than you have to pay at the exclusive clothier's. Fall styles in Boys' Clothing now ready. Round the Store New Monte Carlo Coats in silk and wool. New Silk Shirtwaist Suits handsome styles. New Silk Waists. Novelty Silk neckwear just received by express. New Veilings latest styles. "Perrin's" Gloves, Fall styles. Beautiful new Dress Trim mings. Velvet Waistlngs in immense varieiy. MEIER & FRANK COMPANY MEIER & FRANK COMPANY r (PAninciilflr" And Ranges For over 50 years ( . giloH the standard of the world Models for heating or cooking Stoves 1 i 1 I takes the ground that, even had It been technically liable for the contract penal ty, the fact that the commission has suf fered no damage through the delay In the engine contract would absolve It j from present liability. Then comes In I the part that the delay In completing j tho engine may have played In the delays j of other contractors, whqse work "was In j a greater or less degree dependent on the I completion of the engine. This introduced I complications, and the commission con- J eluded it could not settle this matter un- i til the entire dredge should be finished nnl fill I r r-rri r-n rt rtim rfrr nn fwl Tulth nn ! the same basis. The legal question as to whether the liquidated damage specified A motion was passed that all official communications of the commission, should be approved by the chairman. Adjourn ment was taken, subject to call of the chair. WANT ONE GOOD BRIDGE. South Portland Citizen Interviewed City Engineer on Subject. A committee from the South Portland Improvement Association, which has been dormant for the past few months, met City Engineer Elliot yesterday afternoon and had a long conference"' about the brldces leadlne over Mara u am Gulch. In the contract can be collected regardlessrl The committee, which consisted of J. E. of whether the commission has suffered actual damage was referred to the Port of Portland attorney for an opinion. A lot of bids for furnishing and out fitting the new dredge were presented. They were referred to the clerk and En gineer Lockwobd to tabulate, and Chair man Banfieid and Commissioner Selling were appointed to award the contracts. The bill of Trenkman & Co., of $2652 for 1000 feet of 30-Inch pipe, was ordered paid. An offer of GOO feet frontage and 1000 depth on Mock bottom for a drydock site was received, the price being 512,000. Werleln and Frank Hacheney, stated that the bridges were absolutely needed in the southern part of the city and If all could not be maintained at least one should be kept in service. They recom mended that this be done by making a fill and constructing a culvert at First street, and thus insuring a permanent roadway. Mr. Elliot said the FIrsi-street bridge was dangerous, and the only immediate relief that could be obtained would be through the citizens In the district bene fited. If the citizens, he said, were will ing to pay for the lumber required the city would furnish the labor and en deavor to place the bridge in condition for 'traffic until such time as the Legis lature shall afford relief. Mr. Elliot In formed the committee that the Front street bridge will receive immediate at tention. The bridge is not In a bad con dition, .but one or two bents require strengthening. After the conference Mr. Elliot said to a reporter that he would prepare esti mates showing the cost of filling of one bridge and a culvert thereunder; of the cost of a slrfgle Iron bridge, and of the cost of all reconstruction of the three bridges now spanning the gulch. By a fill, Mr. Elliot said, the city might eas ily do away with one of the bridges. Mr. "Werleln said that on Saturday even ing the citizens of South Portland will hold a meeting in Hobklrk's Hall, and the matter of bridges will be discussed and the further improvement of South Portland considered. The South Portland Improvement Club has, he said, been in active for -some months, but under the leadership of Judge Caples it will secure what he considers Its deserts. - School Children of Greater Xerr Yorlc NEW-YORK, Sept 11. Figures on the V public school registration just completed show a total for Greater New York of 502. 903 scholars. This Is an Increase of 35,002 over the preceding year. There are 64.700 pupils enrolled in "part time" clafses, not included In the total given. Children to the number of 33,000 were refused admis sion for various causes. , TO HONOR M'KINLEY. RooKevcIt Requests Memorial Ser vices Be Held at Oyster Bay. CINCINNATI, Sept. 11. Addltlonal'tel egrams were received from Governors and other public meji today for McKinley me morial services next Sunday, and the fol lowing from the President: "Oyster Bay, N. Y., Sept. 11. Editor Times-Star. Cincinnati: -The President has requested his pastor here in Oyster Bay to hold a special memorial servlco next Sunday morning. It being the anni versary of President McKinley's death. "GEORGE B. CORTELYOU." At Newport. She There goes my mother. He Who Is the gentleman she Is with? She t have forgotten his name. He is my latest step father. Chicago Kecord-Herald. i